The intellectual property high court found that the "tongue piece portion" is defined in claim 1 that if the peripheral portion was bonded on the bag main portion, it would be capable of being pulled up together with the arm portion and hooked on the peripheral wall of the cup, but the portion A (6') of the accused product is formed integrally with the reinforcing portion (9'), so that, if the grip portion 1 (4') corresponding to the peripheral portion was bonded on the bag main portion (2'), the portion A (6') would not be capable of being pulled up or hooked on the peripheral wall of the cup. Therefore, the court decided that the accused product does not have the tongue piece portion and it does not infringe the patent.